Senate Bill 2598

AN ACT TO PROVIDE PROCEDURES FOR THE REMOVAL OF ABANDONED VESSELS; TO PROVIDE THAT CERTAIN PROCEEDS ESCHEAT TO THE STATE; TO REQUIRE AN INQUIRY WITH THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS BEFORE DISPOSAL OF THE VESSEL; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Purpose. The purpose of this section is to provide a means for removing abandoned vessels from the waters and lands of the state in order to enhance the beauty of the waters and coastal areas, and to improve the health and welfare of its citizens. It is also to help relieve vessel dealers, repairmen, and others dealing in vessels from unnecessary storage of abandoned vessels which prevent the use of space and property, and is therefore in the public interest.

(2) Definitions. As used in this section, unless the context requires otherwise:

(a) "Abandoned" means either of the following:

(i) Left with a vessel dealer, repairman or wrecker service for repair or other reason and has not been called for by the owner for forty (40) days from the pick-up time agreed on, or for forty (40) days from the time the vessel is left if there is no agreed time.

(ii) Left unattended for twenty-four (24) hours on the coastal wetlands, public waters, or on public or privately owned lands without the owner's permission. This does not include the situation where a tenant leaves a vessel on property formerly rented or licensed.

(b) "Vessel" means vessels and includes floatable buildings and structures, whether or not they are used for navigation.

(3) Removal of vessels left in public waters. (a) For abandoned vessels as defined in subsection (2)(a), only a law enforcement officer may initiate towing or removal. The officer will post notice on the vessel in a prominent location so as to be visible to an approaching person, requiring the vessel to be removed within two days of the notice. The notice must include a space for the owner of the vessel to respond. If the owner responds with a signature in the space or written response to the law enforcement agency requesting an extension of time, then the owner will have an additional five (5) days to remove the vessel.

(b) The officer must also attempt to contact the owner of the vessel by other available means. The owner is presumed to be the person to whom the vessel is registered.

(c) If the owner does not remove the vessel within the available time, the abandoned vessel may be removed by a law enforcement officer or towed on written request from a law enforcement officer. The vessel must be removed to a storage facility approved by the Department of Marine Resources.

(4) Disposal. (a) Any vessel dealer, wrecker service, or repair service owner, or any person or party on whose property a vessel is lawfully towed at the written request of a law enforcement officer, who has an abandoned vessel on his property, may sell, free and clear of all claims the vessel by public auction, or if the abandoned vessel has no market value, may dispose of the same after having received at least two (2) written statements from licensed vessel dealers as to the worthlessness of the vessel and after compliance with paragraph (b) of this subsection and subsection (6) of this section. An abandoned vessel as defined by Section 2(a)(ii) must not be sold at auction until thirty (30) days from the date the storage facility received the vessel.

(b) The person authorized to execute the sale or disposal of an abandoned vessel must notify, within ten (10) days of receipt of the vessel, any Mississippi lienholder on the vessel that unless a claim on the vehicle is made within thirty (30) days of such notice, the vessel will be sold or destroyed.

(c) After the sale of any vessel as set out hereinabove is made, the person or officer designated and making the sale of such property must promptly upon completion of the sale deliver to the chancery clerk a list or itemization of the property sold, the amount paid for each item, the person to whom each item was sold, and all moneys received from such sale, the gross charges levied by the person making the sale against the property sold and the net amount paid over to the chancery clerk. Any sale made by any person, officer, corporation or association must attach to the report of sale a sworn statement certifying as to the date such personal property or items sold first came into his possession or was abandoned on his premises and the date said personal property or item was sold.

(d) The proceeds of the sale in excess of repair, towing, and storage expenses, and all expenses incurred in connection with a sale when a sale is made under the provisions of this chapter, escheat to the state and must be paid over to the chancery clerk to be deposited in the special fund in the State Treasury known as the "Derelict Vessel Fund," as described in Section 49-27-71(8)(d).

(5) Inquiry of the Department of Wildlife, Fisheries and Parks before disposal. Prior to disposition of an abandoned vessel, any vessel dealer, wrecker service or repair service owner, or any person on whose property such vessel is lawfully towed at the written request of a law enforcement officer, must inquire of the Department of Wildlife, Fisheries and Parks as to status of the vessel in regard to the Mississippi Boating Law of 1960, 59-21-l et seq. The inquiry must provide the description of the vessel including the vessel registration number. Upon request of the Department of Wildlife, Fisheries and Parks, satisfactory evidence must be furnished as to abandonment in compliance with this section. Upon receipt of notification of the foregoing, the Department of Wildlife, Fisheries and Parks will advise the inquirer of proper registration procedures, where indicated, depending upon method of disposition of the vessel.

(6) Persons given notice of sale. (a) The last-known registered owner of an abandoned vessel and all lienholders of record, when such information is reasonably obtainable, must be notified by registered or certified mail that the vessel will

be sold pursuant to the provisions of this section. Notice must give the owner and lienholders the date, time and place of sale, and name of the person or party who has custody of the vessel.

(b) If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by three (3) publications once each week for three (3) consecutive weeks in a newspaper of general circulation in the county where the vessel was abandoned is sufficient to meet all requirements of notice under this chapter.

(7) Claiming before sale. Any person proving ownership or any lienholder may claim the abandoned vessel at any time prior to sale by paying towing, repair, storage and other necessary expenses incurred.

SECTION 2. This act shall take effect and be in force from and after July 1, 2016.